State
Oregon business insurance requirements
Oregon business insurance rules: comp from the first worker, SAIF as a competitive state fund, Paid Leave Oregon at 1% in 2026, and 25/50/20 auto with PIP.
Workers' compensation
| Who must carry it | Required for every employer with one or more subject workers in Oregon; all workers are subject except the nonsubject categories in ORS 656.027 (ORS 656.017, 656.023) |
|---|---|
| Employee threshold | 1 employee |
| Who can be excluded | Sole proprietors, LLC members and corporate officers who are directors with a substantial ownership interest are nonsubject workers; partners are nonsubject except in construction work; household domestic workers and casual labor under the statutory cost limit are also excluded (ORS 656.027); nonsubject owners may elect coverage (656.039) |
| Construction rule | Partners doing construction work and members of multi-member LLCs doing construction work are subject workers, with limited exemptions for licensed contractors' owners; a business that awards a contract for work that is a normal part of its trade must cover the contractor's workers unless the contractor provides coverage before work starts (ORS 656.027, 656.029) |
| Market | Competitive with a state fund |
| State fund | SAIF Corporation (State Accident Insurance Fund Corporation), which competes with private carriers (ORS 656.752) |
| Rating bureau | NCCI |
| Penalty for not carrying it | Civil penalty of up to $1,000 or twice the premium that would have been due for the period of noncompliance, whichever is greater, plus up to $250 a day for continuing violations after a final order; corporate officers and directors and LLC members and managers are jointly liable for penalties and claim costs, and the director can seek an injunction (ORS 656.052, 656.735) |
| Workers' comp agency | Oregon Department of Consumer and Business Services, Workers' Compensation Division |
| Agency phone | 800-452-0288 |
| Agency website | wcd.oregon.gov |
Employee benefit mandates
| State disability insurance | No state short-term disability mandate |
|---|---|
| Paid family and medical leave | Paid Leave Oregon (family, medical and safe leave insurance, ORS chapter 657B): for 2026 the contribution is 1% of gross wages up to $184,500, with employees paying 60% and employers with 25 or more employees paying 40%; smaller employers withhold and remit only the employee share; up to 12 weeks of benefits a year, 14 with pregnancy-related leave |
Commercial auto
| Minimum liability limits | 25/50/20 ($25,000 per person and $50,000 per accident for bodily injury, $20,000 property damage) (ORS 806.070); personal injury protection with at least $15,000 of medical expense benefits is required on policies covering private passenger vehicles (ORS 742.520, 742.524); FMCSA limits apply to interstate motor carriers |
|---|
Liability law
| Negligence rule | Modified comparative negligence with a 51% bar; the claimant recovers if their fault is not greater than the combined fault of the defendants, third-party defendants and settling parties (ORS 31.600) |
|---|---|
| Time limits to sue | Personal injury 2 years (ORS 12.110); injury to personal property and contracts 6 years (ORS 12.080) |
Insurance regulator
| Insurance regulator | Oregon Department of Consumer and Business Services, Division of Financial Regulation |
|---|---|
| Consumer hotline | 888-877-4894 |
| Website | dfr.oregon.gov |
| Surplus lines tax | 2% premium tax on Oregon home-state risks plus a 0.3% State Fire Marshal tax, collected from the insured by the surplus lines licensee, with monthly reports filed through the Surplus Line Association of Oregon (ORS 735.465, 735.470, in effect in 2026) |
| Property insurer of last resort | Oregon FAIR Plan Association, which provides essential property insurance for insurable property that cannot be placed in the normal market (ORS 735.005 to 735.145) |
Laws that shape business insurance in Oregon
- SAIF Corporation competes with private comp carriers, ORS 656.752
- Contractor responsible for comp of uninsured contractors' workers, ORS 656.029
- Paid Leave Oregon contributions of 1% of wages in 2026, ORS chapter 657B
- Construction anti-indemnity statute, ORS 30.140
- Wrongful death noneconomic damages cap of $500,000, ORS 31.710
Oregon requires workers' compensation from the first worker, and SAIF Corporation, the state-chartered carrier, competes with private insurers for that business. Oregon is also one of the paid leave states: Paid Leave Oregon collects 1% of wages in 2026, split between employees and larger employers. Auto policies need 25/50/20 liability, and policies on private passenger vehicles must include personal injury protection.
Workers' compensation requirements
"Every employer employing one or more subject workers in the state" is subject to the comp law (ORS 656.023), and each must qualify as a carrier-insured or self-insured employer (ORS 656.017). All workers are subject except those ORS 656.027 lists: household domestic workers, casual work below a statutory labor-cost limit, and a set of owner categories.
The owner rules depend on the entity and, for construction, on the work. Sole proprietors are nonsubject. LLC members are nonsubject regardless of the work, except that members of multi-member LLCs doing construction work are subject. Partners are nonsubject except in construction. Corporate officers who are directors with a substantial ownership interest are nonsubject. Licensed contractors have narrower owner exemptions, and an owner who wants coverage can elect it (ORS 656.039). See can owners and officers exclude themselves from workers' comp?.
| Rule | Oregon |
|---|---|
| Who must carry it | Every employer with one or more subject workers |
| Construction | Partners and multi-member LLC members doing construction are subject workers |
| Exempt employment | Household domestic work, casual labor, sole proprietors, director-owners of corporations |
| Owner opt-outs | Nonsubject owners stay out unless they elect coverage |
| Penalty | Greater of $1,000 or twice the avoided premium, plus up to $250 a day after a final order |
| State fund | SAIF Corporation, competitive |
Contracting out the work does not contract out the obligation. A business that awards a contract for labor that is "a normal and customary part" of its trade is responsible for comp for the people doing it unless the contractor provides coverage before the work starts (ORS 656.029). Get a certificate of insurance up front, and expect the premium auditor to charge for uninsured contractors; see independent contractors and workers' comp: the misclassification risk.
No one may act as a subject employer without coverage. The division serves a proposed order declaring a "noncomplying employer," and can get a court injunction barring the business from employing workers until it complies (ORS 656.052). The civil penalty is the greater of $1,000 or twice the premium that would have been due for the uninsured period, plus up to $250 for each day a violation continues after the order is final. Corporate officers and directors, and LLC members and managers, are jointly liable for those penalties and for claim costs the state pays (ORS 656.735).
SAIF Corporation was created "for the purpose of transacting workers' compensation insurance and reinsurance business" and also writes employers' liability (ORS 656.752); it is the state's own employees' carrier and competes for private business with national carriers. NCCI files loss costs and runs experience rating in Oregon. See workers' compensation insurance: how it works and experience modification rate.
Disability and paid leave mandates
Oregon has no state short-term disability mandate, but it does run a paid family and medical leave program. Under Paid Leave Oregon (ORS chapter 657B), workers can receive up to 12 weeks of benefits a year for family, medical or safe leave, plus up to two more weeks for pregnancy, childbirth or a related condition. For 2026, the total contribution is 1% of gross wages up to $184,500. Employees pay 60% and employers with 25 or more employees pay 40%; smaller employers do not pay the employer share but must still withhold and remit the employee contributions. Employers can pay some or all of the employee share as a benefit, or apply for an equivalent plan (Paid Leave Oregon). Compare programs at state disability and paid family leave programs: every mandate in 2026.
Commercial auto requirements
Oregon's financial responsibility minimums are $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage (ORS 806.070). Policies covering private passenger vehicles must also include personal injury protection, with medical, hospital and related expenses covered up to at least $15,000 per person (ORS 742.520 and 742.524). Those are floors; contracts routinely require far more. Interstate for-hire carriers need at least $750,000. See commercial auto insurance: what it covers and what it leaves out and FMCSA insurance requirements and filings for motor carriers.
The business insurance market in Oregon
Wildfire, winter storms and landslides drive property losses. FEMA declared major disasters for wildfires between July 10 and August 23, 2024 (DR-4854), for storms, flooding and landslides in March 2025 (DR-4881), and for storms, flooding and landslides from December 15 to 21, 2025 (DR-4907). Wildfire is now a core underwriting question at renewal; see wildfire and commercial property insurance: cover, cost and mitigation. Earthquake is excluded from standard commercial property forms and must be bought separately; see earthquake insurance for businesses: coverage, deductibles, limits. Flood is excluded too, and NFIP commercial limits stop at $500,000 for the building and $500,000 for contents, with the program authorized only through December 11, 2026 (FEMA).
The Oregon FAIR Plan Association exists to make "essential property insurance" available for insurable property that cannot get it in the normal market (ORS 735.005 to 735.145); see FAIR Plans and residual markets for commercial property. Surplus lines licensees pay a 2% premium tax on Oregon home-state risks plus a 0.3% State Fire Marshal tax, both collected from the insured and reported monthly through the Surplus Line Association of Oregon (ORS 735.465 and 735.470); see surplus lines taxes, stamping fees and diligent search.
Liability law that affects premiums
Oregon applies modified comparative negligence: an injured claimant recovers, reduced by their share of fault, as long as that fault is "not greater than the combined fault" of the defendants, third-party defendants and anyone the claimant settled with (ORS 31.600). A claimant at 50% recovers half; at 51% recovers nothing. Noneconomic damages in wrongful death cases are capped at $500,000 (ORS 31.710).
Personal injury suits must be filed within two years (ORS 12.110); contract claims and claims for injury to personal property within six (ORS 12.080). In construction agreements, a clause requiring a party or its insurer to indemnify another for damage caused "in whole or in part" by the indemnitee's own negligence is void (ORS 30.140); have a broker read the indemnity and additional insured wording together, since the statute also limits how far a contract can push that risk onto a sub's insurer. See managing subcontractor insurance and certificates.
Where to get help
- Division of Financial Regulation (dfr.oregon.gov): consumer hotline 888-877-4894 (toll free in Oregon) or 503-378-4140 in Salem. File a complaint online through the division's complaints page; the division also licenses surplus lines licensees and oversees the FAIR Plan.
- Workers' Compensation Division (wcd.oregon.gov): info line 800-452-0288, general questions 503-947-7585. It enforces coverage, issues noncomplying employer orders and resolves claim disputes.
- Paid Leave Oregon (paidleave.oregon.gov): 833-854-0166 for employer contribution and equivalent plan questions.
Confirm your obligations with the agencies or a licensed broker, and compare states with the workers' comp and benefits requirements by state.
Sources
- oregonlegislature.gov/bills_laws/ors/ors656.html
- wcd.oregon.gov/
- paidleave.oregon.gov/employers/
- oregonlegislature.gov/bills_laws/ors/ors657B.html
- oregonlegislature.gov/bills_laws/ors/ors806.html
- oregonlegislature.gov/bills_laws/ors/ors742.html
- oregonlegislature.gov/bills_laws/ors/ors031.html
- oregonlegislature.gov/bills_laws/ors/ors012.html
- oregonlegislature.gov/bills_laws/ors/ors030.html
- oregonlegislature.gov/bills_laws/ors/ors735.html
- dfr.oregon.gov/
- fema.gov/disaster/4854
- fema.gov/disaster/4881
- fema.gov/disaster/4907
- floodsmart.gov/get-insured/buy-a-policy
- fema.gov/flood-insurance/rules-legislation/congressional-reauthorization
Requirements were checked against these sources on the review date below. Laws and thresholds change - confirm with the state workers' compensation agency or insurance department.
Profile last reviewed October 11, 2026